do so. >> certainly the conversation being discussed is covered by executive privilege. and in that sense this is not an arbitrary or capricious assertion of executive privilege. >> can you explain executive privilege for folks who don't follow these things as closely what is it. >> the executive privilege don't appear in the constitution implied power under article 22. the article defining a president's authority process. it's hiept came in the nixon case where the supreme court said yes a president can invoke executive privilege to protect the kmiengss he needs to remain private to be president. but presidents since george washington have asserted some sort of executive privilege. the problem it's not an absolute privilege. it's a qualified privilege both mark and i do defense work and we often gets our clients not to discuss things to waive privilege to go on twitter is discussing it a lot it's like playing poker with your cards facing the other players and